Abstract
This chapter is an introduction to ethical issues in the treatment provision within secure settings. Most of these ethical issues are not unique to secure hospitals. This chapter covers both generic ethical issues and those more relevant to forensic psychiatry, which arise from the interface between health and the criminal justice system.
The first part of this chapter focuses on ethics, ethics in medicine and ethics in psychiatry. It also discusses generic ethical issues in the assessment and treatment provision in mental health populations.
The second part focuses on specific ethical issues in the treatment provision within secure hospital environments. It explains how the relationship between professionals and patients differs in forensic psychiatry compared to other psychiatry settings and expands on clinical, legal and ethical issues.
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Notes
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W had schizophrenia and was detained in a secure hospital having shot seven people, killing five. Dr. Egdell was asked to prepare a report for a tribunal by his solicitor, but the application was withdrawn as the report noted an interest in guns and homemade bombs which predated his illness. Dr. Egdell sent a copy to the hospital and asked the hospital to send it to the tribunal. W claimed he had breached his confidentiality, but the court found in Dr. Egdell’s favour due to the grave risk of harm.
References
Adshead G (2014) Three faces of justice: competing ethical paradigms in forensic psychiatry. Legal Criminol Psych 19:1–12
Annual Statistics (2016) Inpatients formally detained in hospitals under the Mental Health Act 1983, and patients subject to supervised community treatment uses of the Mental Health Act: Annual Statistics, 2015/16. https://digital.nhs.uk/data-and-information/publications/statistical/inpatients-formally-detained-in-hospitals-under-the-mental-health-act-1983-and-patients-subject-to-supervised-community-treatment/inpatients-formally-detained-in-hospitals-under-the-mental-health-act-1983-and-patients-subject-to-supervised-community-treatment-2015-16-annual-figures
American Board of Psychiatry and Neurology (2012) Forensic psychiatry core competencies outline. http://www.abpn.com/downloads/core_comp_outlines/2011_core_FP_MREE.pdf. Accessed 5 May 2012
Appelbaum PA (1997a) A theory of ethics in forensic psychiatry. J Am Acad Psychiatry Law 25:527–531
Appelbaum PS (1997b) Ethics in evolution: the incompatibility of clinical and forensic functions [editorial]. Am J Psychiatry 154:445–446
Beauchamp TL, Childress JF (2001) Principles of biomedical ethics, 5th edn. Oxford University Press, Oxford
Bluglass R (1978) Review of the mental health act, 1959: a summary of the white paper. Psychiatric Bulletin. pp 193–196
BMA (2017) Confidentiality and disclosure of health information tool kit BMA. https://www.bma.org.uk/-/media/files/pdfs/.../ethics/confidentialitytoolkit_full.pdf
Branton T, Bookes G (2010) Definitions and criteria: the 2007 amendments to the mental health act 1983. Adv Psychiatr Treat 16:161–167
British Medical Association (2016) Confidentiality and disclosure of health information tool kit. https://www.bma.org.uk/advice/employment/ethics/confidentiality-and-health-records/confidentiality-and-health-records-tool-kit
Campbell D (2017) X’s case is only latest in shocking saga of children’s mental health care. The Guardian 03/08/17 https://www.theguardian.com/society/2017/aug/03/xs-case-is-only-latest-in-shocking-saga-of-childrens-mental-health-care
Cervantes AN, Hanson A (2013) Dual agency and ethics conflicts in correctional practice: sources and solutions. J Am Acad Psychiatry Law 41:72–78
Felthous A (2006) Warning a potential victim of a person’s dangerousness: Clinician’s duty or victim’s right? J Am Acad Psychiatry Law 34:338–348
Fisher A (1995) The ethical problems encountered in psychiatric nursing practice with dangerous mentally persons. Sch Inq Nurs Pract 9(2):193–208
Gaughwin PC (1998) Ethics, duty of care and forensic psychiatric assessment: a legal perspective. Aust N Z J Psychiatry 32:722–727
General Medical Council (2017) Confidentiality: Good practice in handling patient information. https://www.gmc-uk.org/-/media/documents/Confidentiality_good_practice_in_handling_patient_information___English_0417.pdf_70080105.pdf
Gooding P (2014) Change and continuity in mental health law: the long road to the United Nations convention on the rights of persons with disabilities and its implications for mental health and the law today. Eur J Curr Leg Issues 20(3):Web JCLI
Hilton C (2007) Changes between the 1959 and 1983 mental health acts (England and Wales), with particular reference to consent to treatment for electroconvulsive therapy. Hist Psychiatry 18(2):217–229
Konrad N (2010) Ethical issues in forensic psychiatry in correctional and other penal institutions. Curr Opin Psychiatry 23:467–471
Kuosmanen L, Hatonen H, Malkavaara H, Kylma J, Valimaki M (2007) Deprivation of liberty in psychiatric hospital care: the patient's perspective. Nurs Ethics 14(5)
Lawton-Smith S (2008) Briefing mental health act, The King’s fund. https://www.kingsfund.org.uk/publications/briefing-mental-health-act-2007
Mason JK, McCall Smith RA and Laurie GT (2003) Law and medical ethics. 6th edn. 2003 Lexis Nexis Butterworths. 616
Mental Health Bulletin 2015–2016 (30 November 2016) Annual report
McClure A (1999) Psychiatric ethics and forensic assessments. Aust N Z J Psychiatry 33(5). https://doi.org/10.1080/0004867990476
Munthe C, Radovic S, Anckarsater H (2010) Ethical issues in forensic psychiatry research on mentally disordered offenders. Bioethics 24(1):35–44. https://doi.org/10.1111/j.1467-8519.2009.01773.x. ISSN 0269-9702 (print); 1467-8519 (online)
Oxford Dictionary (2017). https://en.oxforddictionaries.com/definition/ethics
Reid WH (2002) Forensic work and non-forensic clinicians, part I. J Psychiatr Pract 8:119–122
R (on the application of H) v. Mental health review tribunal north and east London region (2001) EWCA Civ 415
Sen P, Gordon H, Adshead G et al (2007) Ethical dilemmas in forensic psychiatry: two illustrative cases. J Med Ethics 33:337–341
Simon RI (2003) Should forensic psychiatrists testify about evil? J Am Acad Psychiatry Law 31:413–416
Strasburger LH, Gutheil TG, Brodsky A (1997) On wearing two hats: role conflict in serving as both psychotherapist and expert witness. Am J Psychiatry 154:448–456
The Percy Commission (1957) The report of the Royal Commission on the law relating to mental illness and mental deficiency (the Percy Commission). https://navigator.health.org.uk/content/report-royal-commission-law-relating-mental-illness-and-mental-deficiency-percy-commission
Turner T, Salter M, Deahl M (1999) Mental health act reform: should psychiatrists go on being responsible? Psychiatr Bull 23:578–581
Van den Hooff S, Goossensen A (2014) How to increase quality of care during coercive admission? A review of literature. Scand J Caring Sci 28(3):425–434. https://doi.org/10.1111/scs.12070. Epub 2013 Aug 13
Winterwerp v Netherlands (1979) 2 EHRR 387
W v Egdell (1990) Ch 359, [1989] 1 All ER 1089
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Chao, O., Konstandinidou, D., Igoumenou, A. (2020). Forensic Psychiatry and the Mentally Disordered Offender: Ethical Issues in the Treatment Provision within Secure Hospital Environments—Clinical and Legal. In: Igoumenou, A. (eds) Ethical Issues in Clinical Forensic Psychiatry . Springer, Cham. https://doi.org/10.1007/978-3-030-37301-6_2
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